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HomeMy WebLinkAboutDept Report CARMEL BOARD OF ZONING APPEALS DEPARTMENT REPORT August 27, 2007 5-9h. Old Meridian Professional Village The applicant seeks the following development standards variance approval: Docket No. 07070032 UV Section 20G.05.05 A (1) Financial institution in the Old Meridian Office District Docket No. 07070033 V Section 20G.05.05 A (2) Drive-through facilities Docket No. 07070034 V Section 20G.05.05 B (1)(2) Building height/occupiable floors Docket No. 07070035 V Section 20G.05.05 B (2)(2) Front yard setback Docket No. 07070036 V Section 20G.05.05 B (3)(2) Building footprint The site is located at 12346 Old Meridian Street and is zoned Old Meridian/Office District Filed by Paul Reis of Bose McKinney & Evans, LLP for Alta Business Communications, LLC. General Info: The petitioner is requesting approval to construct a financial institution within the Old Meridian Office District, with drive-through facilities. The site is part of the Old Meridian Professional Village, and the proposed tinancial institution would be located at the southwest comer. Analysis: The Old Meridian Professional Village is proposed to comprise of seven offiee and retail buildings, four two-story and three-one story, including the proposed bank. The parking lot would be internal, and the drive-through lanes for the bank would be located on the west side J. ~. _ of the building, adjacent to Pennsylvania Street. The bank located to the west, in the retail center off 126th Street, has a drive- through lane. The Old Meridian Office District was intended primarily for office uses, with some supporting retail. While banks are not specifically permitted in the District, they are considered similar to retail uses. Therefore, while the grant of a use variance is necessary, the proposed use would be compatible with existing and other proposed uses. The other variances arise from the District's restriction on drive-throughs, and building height and size requirements. The proposed bank would be one story rather than the required two, although it will meet the required height. Buildings in the District are also required to be a minimum of 8000 square feet~ the proposed bank would be 3000. The building is also proposed to be closer to Old Meridian Street than originally required. While this necessitates the grant of a variance, it is in keeping with the overall plan of creating a walkable, urbanized village atmosphere along Old Meridian Street. The building also would have somewhat of a "flatiron" design, to match the corner location. Findings of Fact - Use variance 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The proposed use is similar to existing and other proposed uses. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The proposed use is similar to existing and other proposed u,>es. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: The proposed use is similar to existing and proposed uses, and the design of the building would be complementary to adjacent buildings. 4. The need for the variance arises from a natural condition peculiar to the subject property because: The use is not specifically permitted in the Old Meridian Office District, hut is similar to permitted uses. 5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The proposed use would meet the intent of the Comprehensive Plan for this area. Findings of Fact: Drive-Through Facility 1. The approval of this variance ,,,ill not be injurious to the public health, safety, morals, and general welfare of the community because: the proposed drive-through lanes would not intetfere with pedestrian and vehicular traffic at the site. 2. The use and value of the area adjacent to the property included in the variance will be not affected in a substantially adverse manner because: the proposed drive-through lanes would not interfere with pedestrian and vehicular traftic at the site. 3. The strict application of the terms of the Zoning Ordinance to the property will result in a hardship in the use of the property because: placing the drive-through lanes to the north of the site would interfere with pedestrian and vehicular circulatiol1. Findings of Fact: Building Height/Stories and Size 1. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the overall scale, design, and height of the building would be compatible with surrounding buildings. ~ The use and value of the area adjacent to the property included in the variance wiII be not affected in a substantially adverse manner because: the overall scale, design, and height of the huilding would be compatible with surrounding buildings. 3. The strict application of the terms of the Zoning Ordinance to the property will result in a hardship in the use of the property because: If this building, and two other buiJdings proposed at less than 8000 square feet, were constructed, parking would be restricted and green space would be lost. Findings of Fact: Setback I. The approval of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: the reduced setback is due in part La the improvements on Old Meridian Street, and wi II contribute to the streetscape of Old Meridian Street. 2. The use and value of the area adjacent to the property included in the variance will be not affected in a substantially adverse manner because: the reduced setback is due in part to the improvements on Old Meridian Street, and will contribute to the streetscape of Old Meridian Street. 3. The strict application of the terms of the Zoning Ordinance to the property will result in a hardship in the use of the property because: the building would be placed further from the street, and could negatively impact the drive-throughs' location and circulation. Recommendation: The Dept. of Community Services recommends positive consideration of Docket Nos. 07060032 UV and 07060033-07060036 V after all questions/concerns are addressed.